Presidential Proclamation Restricting Entry of H-1B Workers & Updated Agency Guidance on its Implementation

September 20, 2025

Dear Yale Scholars,

We would like to share a recent presidential proclamation that may affect entry to the U.S. in H-1B status. Below is a summary of the key provisions of the original proclamation issued on September 19th, the subsequent clarification from USCIS, CBP, and the Department of State regarding its actual implementation issued on September 20th and September 21st, our current understanding of the impact, and the actions you may need to take. 

Summary of the Proclamation 

On September 19, 2025, the White House signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.”  (See also Fact Sheet)

Here are the main points:

  • It restricts entry into the U.S. of nonimmigrant workers under the H-1B visa category (specialty occupation workers) if a payment of $100,000 does not accompany their employer-sponsored petitions (see further agency clarification below on this point). 

  • The restriction only applies to individuals currently outside the U.S. who will seek to enter the U.S. in H-1B status (see further agency clarification below on this point).  

  • The Department of State will only approve the H-1B visas for which the filing employer has made the payment of $100,000.

  • The effective date of the restriction is 12:01 am Eastern Daylight Time on September 21, 2025. The restriction will be in effect for 12 months, starting from its effective date, unless extended. 

  • Other changes include steps to revise prevailing wage levels and adjust policy to favor higher-paid, higher-skilled applications. 

Updated Guidance on the Proclamation from USCIS, CBP, and DoS (September 20, 2025 & September 21, 2025)

Since the proclamation's issuance, the U. S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Department of State (DoS) have provided important clarifications on the scope and implementation of this proclamation:

According to this federal agency guidance:

  • The proclamation applies only prospectively to H-1B petitions that have not yet been filed.
  • It does not apply to:
    • Beneficiaries of petitions filed prior to the proclamation's effective date (12:01 am EST, Sunday, September 21, 2025)
    • Beneficiaries of currently approved petitions, or
    • Individuals currently holding validly issued H-1B visas.
  • The proclamation does not restrict the ability of current visa holders to travel to or from the United States.
  • USCIS, CBP, and consular officers are directed to adjudicate cases in a manner consistent with this latest guidance. 

This clarification confirms that the proclamation does not affect the status of current H-1B visa holders, nor those with petitions already filed or approved. 

The proclamation also does not appear to impact H-1B extension (“renewal”) petitions filed for individuals who are already in the U.S. We have less clarity regarding an initial H-1B petition requesting a change of status for the beneficiary from a non-immigrant category to H-1B, or an H-1B amendment. Change of status and amendment applications filed for individuals within the U.S. (and hence not subject, based on the plain language of the proclamation, which only applies to individuals outside the U.S.) might be considered a “new” petition by agencies and considered subject. We will update our guidance as we gain more clarity about H-1B change of status or amendment petitions.

What You Should Do

  1. All Yale-sponsored H-1B individuals currently outside the U.S. who already have a valid H-1B visa and whose  H-1B start date is in the past or who have a start date within the next 10 days can proceed with their travel plans back to the U.S. as usual.

  2. We still advise caution to those H-1B visa holders currently in the U.S. regarding international travel, as this situation is rapidly evolving. 

  3. Before you make any travel decisions, please consult with your designated OISS adviser to understand the potential risks and impacts.

We will provide more guidance as updates become available. If you have any questions, please do not hesitate to reach out to your designated OISS adviser.